Holmes v. Carolina Central Railroad
Supreme Court of North Carolina
This was a civil ACTION, tried before Shipp, Judge, at August Term, 1885, of Mecklenburg Superior Court. The action was brought by the plaintiff to recover damages from the defendant company, for an alleged injury sustained in consequence of having been wrongfully ejected from a carón the defendant’s road.
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This was a civil ACTION, tried before Shipp, Judge, at August Term, 1885, of Mecklenburg Superior Court. The action was brought by the plaintiff to recover damages from the defendant company, for an alleged injury sustained in consequence of having been wrongfully ejected from a carón the defendant’s road. The plaintiff alleged, that prior to January the 4th, 1883, he had purchased of defendant a first-class ticket on said road, and that on the day aforesaid, he took his seat in a first class car on defendant’s road, and soon after leaving Wilmington, going in the direction of Lumberton, the…
1Opinion of the CourtAshe, J.
(after stating the facts). We are of opinion the defendant was entitled to the instructions asked, upon the question of damages, and there was error in the refusal of the Court to ¿ive the instructions, and also in instructions given upon that point.
Conceding that the jury were warranted in giving the plaintiff •some damages, which we do not decide, but the amount of damages assessed by them was in such disproportion to the actual ■damage, if any was sustained by the plaintiff, that it is evident "that the damages were intended to be, and were, punitive or exemplary in their character.
We do…
2Cases cited1 opinion
- Myers v. SmithOhio Supreme Court · 1876
3Cited by46 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1979
- Newton v. Standard Fire InsuranceSupreme Court of North Carolina · 1976
- Oestreicher v. American National Stores, Inc.Supreme Court of North Carolina · 1976
- Hinson v. DawsonSupreme Court of North Carolina · 1956
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
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